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HomeMy WebLinkAbout2006-293D. 08 / 22 / 2006 13 : 23 7725694317 CDATTV t^ PAGE 03 i The Enclave Subdivision CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO , SD -04 -06x21 -CFC (2000030189 -54284) IS CONTRACT , made and entered into this 3 day of "liarbility 2006 by and between SAN MESSINA 23 REALTY, LLC . , a Florida limompany, hereinafter referred to as " Developer, " and INDIAN RIVER COical subdivision of the State of Florida , by and through its Board of County Commissioners , hereinafter referred to as "County" . WITNESSETH : WHEREAS , Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida ; and WHEREAS , a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such I mprovements will be installed ; and WHEREAS , Developer requests the approval and recordation of a certain plat to be known as The Enclave Subdivision ; and WHEREAS , the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW , THEREFORE , IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as follows : 1 . Developer agrees to construct on or before September 51 2007 , in a good and workmanlike manner, those improvements described as follows : See Exhibit " A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat . A copy of the plat shall be recorded in the Public Records of Indian River County , Florida upon the final approval of the Board of County Commissioners and made a part hereof for all purposes. 1 F:LAHomey\Nenoy1000S1PLAN\enclave k for con.doc - 06 / 22 / 2006 13 : 23 7725694317 COATTV PAGE 04 2 . Developer agrees to construct said improvements strictly in accordance with the land development permit , the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning and Development Division , and all County development regulations and standards , including conditions and requirements of any applicable County right-of-way permit , all of which are hereby incorporated by reference and made a part hereof, 3 . In order to guarantee performance of this contract , Developer shall simultaneously herewith furnish an irrevocable letter of credit, having an expiration date of not less than ninety ( 90 ) days beyond the date set forth in Paragraph 1 , provided by a banking institution authorized to transact such business in this state , in a form to be approved by the County , naming Developer as customer and X01 © tJ , 6 C. 64 r� k , as the underwriting bank, in the amount of $ 136, 958 .12 , which amount is not less than one hundred twenty-five percent ( 125% ) of the estimated total cost of improvements remaining to be constructed , as determined in accordance with the County's Subdivision and Platting Ordinance . It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction unless approved in writing by the County' s Public Works Director pursuant to Indian River County Code Section 913 . 10 . Requested reductions shall not be unreasonably withheld by the County , but shall be subject to administrative fees as established by the County . Developer may at any time substitute guarantees , subject to the approval as to form and amount by the County . 4 . up to $ 1 ,000 ,000 . 00 , or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements , Developer agrees to indemnify , hold harmless , and defend the County against any and all claims , damages , losses , and expenses, including attorney's fees , for property damage , personal or bodily injury , or loss of life , arising from the negligent acts or omissions of the Developer, its officers , employees , agents , or contractors , subcontractors , laborers , or suppliers , relating to the construction of the required improvements , including all those improvements to be constructed on existing publicly dedicated or County-owned property, such as street , sidewalk , bikepath , lighting , signalization , traffic control , drainage , water, or sewer improvements . 5 . The County agrees to approve the plat for recordation in the Public Records of Indian River County , Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation . However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed . 2 FWttamey4Nancy0005%PLAN\end3ve k }or con . doc 08 / 22 / 2006 13 : 23 7725694317 COATTY PAGE 05 Developer shall remain responsible for utility meter boxes , sewer clean outs , and drainage culvert inverts , to be in good repair, accessible , correctly plumbed , and not covered with topsoil , concrete or impervious material for the 3-year maintenance period commencing after County issuance of a Certificate of Completion . Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. Satisfactory completion in accordance with the land development permit, plans , specifications , and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative , after receipt of a signed and sealed Certificate of Completion from the project engineer of record . 6 . In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code , the Developer , as principal , and the letter( s ) of credit shall be jointly and severally liable to pay for the cost of construction and Installment of the required improvements to the final total cost, including but not limited to engineering , construction , legal and contingent costs , including reasonable attorney's fees incurred by the County , together with any damages , either direct or consequential , which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County . In no event , however shall the liability of the underwriting bank under this paragraph exceed the total amount of the original obligation stated in the letter( s ) of credit, less any approved reductions thereto . 7 . The parties agree that the County at its option shall have the right, but not the obligation , to construct and install or, pursuant to receipt of competitive bids , cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract . Developer expressly agrees that the County may demand and draw upon the existing letter( s ) of credit for the final total cost of the improvements . Developer shall remain wholly liable for any resulting deficiency , should the letter( s) of credit be exhausted prior to completion of the required improvements . In no event shall the County be obligated to expend public funds , or any funds other than those provided by the Developer , or the underwriting bank to construct the required improvements . 8 . Any letter(s ) of credit provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly , to benefit or secure payment to any subcontractor , laborer, materialman or other party providing labor, material , supplies , or services for construction of the required improvements , or to benefit any lot purchaser( s ), unless the County shall agree otherwise in writing . 9 . This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion , or understanding , whether written or oral , except as specifically mentioned 3 F:\AttorneyNNancytDOCS\PLAN\enctava k for wn . doc 08 / 22 / 2006 13 : 23 7725694317 COATTY PAGE 06 herein . This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion , modification , extension , or revision hereof or hereto shall be in writing , executed by authorized representatives of both parties . IN WITNESS WHEREOF , the parties hereto have set their hands and seals on the day and year first above written . N MESSIN R ALTY, LL . , a Florida WITNESSES : I ited Iia om ny , D ELOPER sig ' : By pri ame : I Richard F . Rendina, Co-Manager sig p nt name : -;L• J- �4� 1 -s • Kol�ltr INDIAN RIVER COUNTY , FLORIDA ByVoos"eupnty 1`1. Baird Administrator Authority: Resolution No . 2005- 121 COUNTY HCC approved plat: 9 / 12 / 0 F APPROVED AS TO FORM AND LEGAL SUFFICIENCY : anan . F Assistant County Attorney 4 F ''AttorneyNancy\DOCS\PLAN\enclave k for con.doc 08 / 22 / 2006 13 : 23 7725694317 CCATTY PAGE 07 JOSEPH W. SCHULHE, P E. SCHULKE , BITTLE & STODDARD , L . L . C . JOOAH B BITTLE, P.E WILLIAM P. STOOOOARO , Ph D . P E . CIVIL 8 STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Enclave Subdivision (FKA San Messina) Engineers Certified Per Cent Completion and Bond Estimate— I , Jodah Bitde, P . E . , A Florida registered engineer , License No . 57396 , do hereby certify to Indian River County that a cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the cost estimate for said improvements that are constructed is $ 633 , 759 .74 , which represents that the project is 85 . 26% complete . The bond estimate is $ 136 , 958 . 12 which represents the estimate cost of items to be completed plus 25 % This estimate and percentage has been prepared, in part, to induce approval by the county of the final plat and bond amount for the Enclave Subdivision , and for the purpose of establishing proper surety amounts associated therewith . Date : 8 I6/a t. 4Jodahotle , . .�. No . 57396 ERIC T " All Page t of 3 1717 INDIAN RIVER BLVD. , SUITE 201 , VERO BEACH, FLORIDA 32960 Tst 772 1 770-9822 F" 772 / 770-9496 E"L Info@sbsenglnsers. cam 08 / 22 / 2006 13 : 23 7725694317 COATTY PAGE 08 COST ESTIMATE FOR THE ENCLAVE SUBDIVISION REMAINING REQUIRED IMPROVEMENTS • BONDING AMOUNT FINAL PUT BONDING 8116!2008 UNIT QUANTITY UNIT PRICE TOTAL % COMPLETE AMOUNT REMAINING Pawing and Stlework 2 $ 0 45 e' Compacted Subgnde LF 4510 $2.95 $13.304. 50 90% $ 11 ,974.05 .33 3' Ca4ulns Saes LF 3360 $7.25 $24.360. 00 90% $21 ,824.00 52.430600 DO / .5' Types. 1 Asphalt Primed LF 3,380 $7,25 $24,380. 00 90% $21 ,924.00 32,436.00 Modified Miami Curb LF 2,160 39.23 523,813.40 9D% $21 ,432.06 $2,381 .34 Eroaion Conuol LF 3,200 $1 ,45 34.040 OD 90% $4, 176 .00 $484 .00 D Curb LF 155 $18.22 $2,524 ID 90% 82. 541 .89 $262 41 Sahli Sod for ROW SF 21580 30.41 $1 ,057.80 100% 31 ,057.80 $0.00 0)1'' Siad and Mulch ROW BY 4 .400 $037 $1 ,828.00 100% $1 ,626.00 $0.00 Striping and Bill LS 1 $697.50 $687 .50 90% $62775 $89. 75 y - 1 4 Demolition of Slructuns LS 1 $17 .900. 00 $17,900.00 100% $17,90000 $0.00 ,/lB Clearing and Grubbing Ac 10 $1710 .00 317, 100.00 100% $17 ,10000 $0.00 Retention Tact 'A' cry 11 ,213 $2. 70 $30,275 10 100% $30,275. 10 $0,00 Import Generrl F 111 Cy 24, 165 38. 15 $148.814.75 1DO% $148 ,614.75 30.00 S,dewelk and POWIM SF 3,604 $5. 10 $19,400.40 95% $15430.38 $970.02 Capped Two Artesian Wells LS 2 $2,520 DD $5.040.00 100% $5,040.00 50100 DlsCouM 1 315 473 12 (578 47] 12) 100% ($ 111 473. 121 30.00 Subtotal 5310,542 .43 3308, 172 .46 310,369.97 Drainage 12' ACP LF 120 $5000 $6,000 .00 90% $5,400 00 $600.00 1T' CAP LF 20 $120.00 $2400 .00 90% $2 , 150 .00 $240.00 p u' 15" 14-12 HDPE LF 54 $2400 $1 .290 .00 90% $1 . 1 Be 40 $129.60 , O� 18• NA2 HDPE LF 391 $28.00 $10,946.00 90% $9,853 . 20 $1 .094 .80 241" N.12 HDPE LF 303 $32.00 $9,596.00 90% $8,726 . 40 $259.80 ModlAed Miami InleU EA 6 $3.000.00 $13,000.00 90% $16,20D 00 31 ,800.00 � � L Type P Menhoiss EA 1 S2.5DC. 00 $2 ,50000 90% $2,250. 00 S25D.00 OuBall Structure EA 1 $3,500. DO 53,500.00 90% $3, 150.00 $350.00 Repair of 65Th Simi L9 1 32.OW. DO $2 ,000.00 SO% 31 ,BOD.00 $200.00 Subtotal 356,]40.00 350,708-00 45,834.00 Sanitary Sawer 3' PVC Sanitary Sawa LF 960 $24.00 $23,010.00 90% $20, 714.40 $2.301 80 Sanitary Sawa Manholes EA 4 $3, 100.00 312,400.00 90% $11 , 160.00 $ 1 ,240 .00 r San. Slower Services (Bingle) EA 2 3550.00 $1 ,100.00 90% $990.00 $ 110.00 �� b Sen. Semer Sarvioes 10ouble) EA 10 3800.00 $5,000.00 90% $5.400.00 $500 DO {� TV Inspection L9 1 $2,00. 00 $2.000.00 90% 51 ,800.00 9200.00 IIL Restoration of 65th Sinal LS 1 $1 .700.00 31 ,70000 90% 51 ,530.OD $170.00 Lillstagan L9 t 392,O00.W $92,000.00 90% $82800 .00 $9,200.00 Conaeb Slab far Lel Station LS 1 S9 099.00 39,09900 90% $0. 108 . 10 $909.90 4' Force Main HDPE LF 520 $28.00 $ 14,560.00 90% 313, 104 .00 $1 .456.00 8Furse Main • PVC LF 33D 333.00 SID,890.00 90% $9,801 .00 $1 ,000.00 Subtotal $172.70S .00 $ 155,486. 50 $17,276.50 Wolof Main Water Somices (Double) EA 10 5775.00 $7,750.00 90% $6,975. 00 $775,00 Water Serviess (single) EA 2 $35000 3700.00 90% $830.00 $70.00 o �1oe 5' 0.900 LF 330 $40.00 313,200.00 00% $I 1 .33D.00 31 .320.DD f 6' C4= LF 973 317.00 $18,541.00 90% $14.086.90 $ 1 ,054 . 10 Fin Hydrant Auem. EA 2 $3,300.00 $0.300 .00 90% 55,94O. DO SGS$250.00 Connloctlen to Eltlfting Main EA 1 32, 500.00 32,500.0000 SO% 52,250. 5250.00 Go Gate Valve & Bot EA 2 5600,00 $1 ,00000 90% $1 , 440. 00 5180 .00 a' Gab Valva a Bur EA 2 $1 , 100.00 $2.20000 90% $1 ,980.00 $220.00 BIowO6 Assembly EA 2 $450.00 3800.00 90% $810. 00 300,00 5' Plug EA 1 5300.00 5]00.00 90% 3270.01) $3000 Lift Station Service EA 1 $1 ,500.00 $1 .50090 90% 31 .30090 5150.00 Subtotal 553,791 .00 $45,411 ,90 45 ,379. 10 Page 21of 3 08 / 22 / 2006 13 : 23 7725694317 COATTY ?AGE by 17 ' 66 FPL Electric LS 1 $10,413.00 310,413A0 100% $10 .413.00 $O.OD 6ireal LIpM3 EA 6 $1 ,200.00 $7 200.00 O% $10 x107.00 $7,200.00 SutKulal $17.813.(10 LANDSCAPE & IRRIGATION . 00 $28,535.00 q Irrigation System50% $28 ,535L9 1 $57,070.DO $57,070.00 8' Wall 9ystam LS 1 $14,100.00 $14. 100.00 0% SO.OD 514,100.00 b Landscaping L6 1 $21878.00 521 , 676. DO 0% $0. 00 $21 ,876.00 6K Sod L6 1 52,236.30 $2 .238.30 0% 30.00 $2,236.30 Sub(atal $95.252 .30 $28,535.00 380,747 30 Professional Sells Testing LE 4 $4,050 DO $4.D50.00 95% 43, 847 .50 420 . .00 EnginasrllnsperlioNCenllkallon LS 1 $15,00000 $15 ,000.00 80% 312 ,000.00 $3,0011 ✓ ( + � Suety stakeout & A"wits LS 1 $15. 142.50 515, 142.50 85% 514 ,785.38 $757.13 OV Set PCP's Ls 1 34,000.00 $4 ,000.00 85% $3,800.130 3200.00 7 Subtotal 338.192 .50 534,032.86 $4.15963 PAVING 6 817E WORK 3316,54213 S3D6. 172. 46 $10.389.97 DRAINAGE $56,340.00 $50,708.00 $5,634 DO SEWER $172,765.00 $155, 486. 50 $17 ,276.50 SANITARYS EW $53.791 .DO $48,411 .90 $5 ,379.10 WATER FPLELEISTRI EJTION $ 10.413.00 310.413.00 $0.00 CTFUC LANDSCAPE AND IRRIGATION $95.282.30 325,53500 $88,747.30 PROFESSIONAL 536. 182.50 $34,03288 34, 148.63 TOTAL ONSITE $743,228.23 SBJ3 ,749. 74 $ 109,566 50 Bond Amount 1126%) Remaining 125% % f1D9.568.50 3138,968.12 Per C4 mplNe • $833,759.74 1 5743 .328.23 s 86.29% Cad: 8 rb o Jotlan S61e. P. E . " No. 57 98 L Page 3 of 3 2